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Dealing with the grief and hardship of a lost loved one is an overwhelming and extraordinarily challenging time for families. However, when the loss is because of someone’s negligent or willful misbehavior, people deal with more than grief—they may struggle with anger, a sense of injustice, and more.
Unfortunately, when the victim is a biker, society can sometimes be callous about the loss. Since motorcycles are known to be risky, many people assume that the biker caused the injury. In reality, many fatal motorcycle accidents in Pooler are due to wrongdoing by a party other than the motorcyclist.
If you have lost a loved one in a motorcycle accident, there is a path to justice. Filing a wrongful death lawsuit is one way for you to hold negligent parties accountable for their actions.
In Georgia, a wrongful death claim is usually brought by the surviving spouse, children, or parents of the deceased. If no such relatives are available, the personal representative of the deceased’s estate may file the claim. A wrongful death case can be pursued when the deceased’s death is the result of someone else’s negligent or wrongful act.
This law allows for damages, including
Compensation in a Pooler fatal motorcycle wreck is very dependent on the specifics of the case. Some of the factors the court will consider are the deceased’s earning capacity, the survivors’ relationships with the deceased, and the financial and emotional impact of the loss.
It is also important to note that Georgia follows a modified comparative negligence rule. If the deceased is found less than 50 percent at fault, survivors may still recover damages, though the award will be reduced by the percentage of fault. If the deceased is found 50 percent or more responsible, no recovery is permitted.
Families generally have two years from the date of death to file a wrongful death lawsuit in Georgia.
Motorcycle wrecks lead to severe injuries or fatalities far more than other types of motor vehicle accidents. Bikers lack the protective cages that people have in cars and trucks. They may wear some protective equipment—including helmets—but Georgia law requires both riders and passengers to wear DOT-approved helmets (O.C.G.A. § 40-6-315). Failure to do so can result in citations and may also be considered as part of a wrongful death claim if the absence of a helmet contributed to the injuries.
Even though protective equipment can reduce the chances of injuries or fatalities, bikers are still at greater risk of injuries like:
Any of these injuries can lead to death, either immediately or in the days, weeks, months, or even years after a motorcycle accident in Pooler.
Head injuries are among the most common of all injuries from motorcycle crashes. When a driver strikes the ground, their head is at risk. Even when wearing a helmet, the contact can lead to TBIs. TBIs can kill people immediately, but in many cases, it can take a much longer time for death to occur. The longer the period between the accident and the death, the greater the medical bills related to the accident.
Because helmets are required by Georgia law, an insurance company or defendant may argue that failing to wear one contributed to the fatality. This can reduce the damages a family may recover under Georgia’s comparative negligence system.
No amount of money can undo the death of a loved one, which is why some people are hesitant to file a wrongful death lawsuit. However, these lawsuits not only help families recover the financial losses they experience as a result of the death, but they also help survivors get a sense of justice.
If your loved one passed away in a motorcycle accident due to someone else’s negligent or willful behavior, an attorney can help you explore your legal options under state law. Insurance companies may rush to offer the estate lowball settlement offers because they are aware of the tremendous financial pressure on families.
After a fatal motorcycle accident in Pooler, surviving family members or a personal representative (depending on the circumstances) owes it to the family to protect their financial interests. Scheduling a consultation with an experienced Chattahoochee Injury Law attorney to discuss a potential claim can help survivors and personal representatives understand the potential remedies under the law. Call today to speak with a compassionate lawyer about your legal rights and options.
Dealing with the grief and hardship of a lost loved one is an overwhelming and extraordinarily challenging time for families. However, when the loss is because of someone’s negligent or willful misbehavior, people deal with more than grief—they may struggle with anger, a sense of injustice, and more.
Unfortunately, when the victim is a biker, society can sometimes be callous about the loss. Since motorcycles are known to be risky, many people assume that the biker caused the injury. In reality, many fatal motorcycle accidents in Pooler are due to wrongdoing by a party other than the motorcyclist.
If you have lost a loved one in a motorcycle accident, there is a path to justice. Filing a wrongful death lawsuit is one way for you to hold negligent parties accountable for their actions.
In Georgia, a wrongful death claim is usually brought by the surviving spouse, children, or parents of the deceased. If no such relatives are available, the personal representative of the deceased’s estate may file the claim. A wrongful death case can be pursued when the deceased’s death is the result of someone else’s negligent or wrongful act.
This law allows for damages, including
Compensation in a Pooler fatal motorcycle wreck is very dependent on the specifics of the case. Some of the factors the court will consider are the deceased’s earning capacity, the survivors’ relationships with the deceased, and the financial and emotional impact of the loss.
It is also important to note that Georgia follows a modified comparative negligence rule. If the deceased is found less than 50 percent at fault, survivors may still recover damages, though the award will be reduced by the percentage of fault. If the deceased is found 50 percent or more responsible, no recovery is permitted.
Families generally have two years from the date of death to file a wrongful death lawsuit in Georgia.
Motorcycle wrecks lead to severe injuries or fatalities far more than other types of motor vehicle accidents. Bikers lack the protective cages that people have in cars and trucks. They may wear some protective equipment—including helmets—but Georgia law requires both riders and passengers to wear DOT-approved helmets (O.C.G.A. § 40-6-315). Failure to do so can result in citations and may also be considered as part of a wrongful death claim if the absence of a helmet contributed to the injuries.
Even though protective equipment can reduce the chances of injuries or fatalities, bikers are still at greater risk of injuries like:
Any of these injuries can lead to death, either immediately or in the days, weeks, months, or even years after a motorcycle accident in Pooler.
Head injuries are among the most common of all injuries from motorcycle crashes. When a driver strikes the ground, their head is at risk. Even when wearing a helmet, the contact can lead to TBIs. TBIs can kill people immediately, but in many cases, it can take a much longer time for death to occur. The longer the period between the accident and the death, the greater the medical bills related to the accident.
Because helmets are required by Georgia law, an insurance company or defendant may argue that failing to wear one contributed to the fatality. This can reduce the damages a family may recover under Georgia’s comparative negligence system.
No amount of money can undo the death of a loved one, which is why some people are hesitant to file a wrongful death lawsuit. However, these lawsuits not only help families recover the financial losses they experience as a result of the death, but they also help survivors get a sense of justice.
If your loved one passed away in a motorcycle accident due to someone else’s negligent or willful behavior, an attorney can help you explore your legal options under state law. Insurance companies may rush to offer the estate lowball settlement offers because they are aware of the tremendous financial pressure on families.
After a fatal motorcycle accident in Pooler, surviving family members or a personal representative (depending on the circumstances) owes it to the family to protect their financial interests. Scheduling a consultation with an experienced Chattahoochee Injury Law attorney to discuss a potential claim can help survivors and personal representatives understand the potential remedies under the law. Call today to speak with a compassionate lawyer about your legal rights and options.